Chapter 05. Correction or Amendment of Personal Records
Regulation .01 Purpose.LinkCopy Citation
A.
These regulations establish procedures for a person in interest to request the correction or amendment of a personal record maintained by the Department of Public Safety and Correctional Services.
B.
These regulations do not apply to criminal history record information defined under Criminal Procedure Article, §10-201(d), Annotated Code of Maryland.
C.
Procedures for correction or amendment of criminal history record information are provided under Criminal Procedure Article, §§10-223—10-226, Annotated Code of Maryland, and COMAR 12.15.01.07.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Custodian” has the meaning stated in State Government Article, §10-611(c), Annotated Code of Maryland.
(2)
“Personal record” has the meaning stated in State Government Article, §10-624(a), Annotated Code of Maryland.
(3)
“Person in interest” has the meaning stated in State Government Article, §10-611(e), Annotated Code of Maryland.
(4)
“Public record” has the meaning stated in State Government Article, §10-611(g), Annotated Code of Maryland.
Regulation .03 Requesting Correction or Amendment of a Personal Record.LinkCopy Citation
A person in interest requesting to correct or amend a personal record shall:
A.
Make the request in writing;
B.
Identify the personal record to be corrected or amended;
C.
State the precise correction or amendment requested;
D.
State the reason for the correction or amendment; and
E.
Direct the request to:
(1)
The custodian of the record; or
(2)
If the custodian is unknown, the Executive Director of the Human Resources Division for the Department of Public Safety and Correctional Services.
Regulation .04 Response to a Request to Correct or Amend a Personal Record.LinkCopy Citation
Within 30 days of receipt of the request for correction or amendment, the custodian of the record shall:
A.
Make the requested correction or amendment and inform the person in interest, in writing, of the action; or
B.
Inform the person in interest, in writing, that the requested correction or amendment will not be acted on because:
(1)
The person making the request is not a person in interest;
(2)
The record to be corrected or amended is not a personal record;
(3)
The personal record requested to be corrected or amended is correct; or
(4)
Of any other reason that is authorized by law.
Regulation .05 Disagreement with Refusal to Correct or Amend a Personal Record.LinkCopy Citation
A.
If the custodian refuses a requested correction or amendment of a personal record, the person in interest may file with the head of the agency that has authority over the personal record a concise statement of the reasons for disagreeing with the agency's refusal to make the correction or amendment.
B.
The person in interest filing a statement under §A of this regulation shall:
(1)
File the statement in writing;
(2)
Submit the statement on one side of 81/2 x 11 inches paper; and
(3)
Limit the statement to a maximum of five pages.
C.
If a custodian discloses, to a third party, information from a personal record related to a statement filed under §A of this regulation, the custodian shall provide the third party a copy of that statement.
Regulation .06 Administrative Review.LinkCopy Citation
A.
A person in interest may request an administrative review by filing a written request with the Secretary of Public Safety and Correctional Services, if the person in interest has been denied:
(1)
An amendment or correction of a record;
(2)
The right to file a statement; or
(3)
The right to have a statement forwarded to a third party.
B.
A request for review shall be filed within 30 days of the date the person in interest is advised of the agency's action.
C.
The Secretary, or a designee, shall require that an administrative review under §A of this regulation be conducted under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 12.11.04.
Chapter annotations
Authority: State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland
History: Effective date: August 13, 1984 (11:16 Md. R. 1393)
History: Chapter revised effective July 15, 1996 (23:14 Md. R. 1010)
History: Chapter revised effective October 11, 2004 (31:20 Md. R. 1485)